Elderly Green Card Holders Face Increased Scrutiny at U.S. Airports

U.S. immigration attorneys are witnessing a surge in the number of lawful permanent residents (LPRs), including Indian green card holders, facing increased scrutiny at airports. Many are being subjected to secondary inspections, overnight detentions, and even coercion to surrender their green cards voluntarily, raising concerns among immigration experts.

Legal experts warn that U.S. Customs and Border Protection (CBP) officers are increasingly targeting green card holders who have spent extended periods outside the country. In particular, elderly Indian immigrants who reside with their children in the U.S. but travel to India during the winter months are being flagged for potential abandonment of their permanent resident status.

Under the Immigration and Nationality Act (INA), a green card holder who remains outside the U.S. for more than 180 days is considered to be seeking re-entry and may be subjected to additional questioning. While abandonment of a green card typically arises when an individual has been abroad for over a year, even shorter absences are now triggering scrutiny.

Ashwin Sharma, a Florida-based immigration attorney, revealed that CBP officers have pressured elderly Indian green card holders to sign Form I-407, thereby voluntarily relinquishing their permanent resident status. “I have personally handled cases where CBP officers have threatened detention or removal if individuals refused to sign the form,” Sharma told *Times of India*. He attributes the increased aggressiveness of border officials to policies introduced under the Trump administration, which have emboldened officers to act as both judge and enforcer.

Seattle-based immigration attorney Kripa Upadhyay emphasized that green card holders should never surrender their status at the airport. “An individual’s green card cannot be revoked at the border unless they voluntarily sign Form I-407. Even if CBP alleges abandonment, the green card holder has the right to challenge the claim in court,” Upadhyay advised.

Snehal Batra, managing attorney at NPZ Law Group, noted that many elderly immigrants are unaware of their legal rights. “Only an immigration judge can revoke a green card, but many people sign away their rights due to fear or language barriers. This is a growing problem among elderly individuals who lack sufficient documentation to prove they maintain U.S. residency,” Batra explained.

Batra cited a case where a green card holder, despite never exceeding six months abroad at a time, was placed in secondary inspection due to his frequent travel to India. “CBP officers warned him to either reside permanently in the U.S. or surrender his green card,” she said, highlighting the agency’s strict enforcement of residency requirements.

Immigration attorney Rajiv S. Khanna cautioned that maintaining a green card requires more than periodic visits to the U.S. “Many assume visiting every few months is enough, but legally, a green card holder must establish a permanent home in the U.S. Failing to do so can result in revocation proceedings,” he warned.

Jesse Bless, another prominent immigration attorney, confirmed that LPRs who remain outside the U.S. for over a year without a re-entry permit are increasingly receiving notices to appear in removal proceedings.

Greg Siskin, co-founder of Siskin Susser, recalled incidents from the Trump administration when sky marshals distributed green card surrender forms mid-flight. “People were calling from airplanes asking what to do. The key takeaway is: Do not surrender your green card. Be prepared for secondary inspection, and if necessary, fight the case in immigration court,” Siskin advised.

Experts recommend that green card holders maintain strong documentation to prove their permanent U.S. residence, such as property ownership, tax returns, and employment records. In cases of prolonged absence, securing a re-entry permit before traveling can prevent unnecessary complications.

With heightened scrutiny at U.S. ports of entry, immigration attorneys stress the importance of knowing one’s rights and seeking legal assistance if confronted by CBP. As the enforcement landscape evolves, green card holders must remain vigilant to avoid jeopardizing their status.